Self-Help Divorce Information
IMPORTANT-PLEASE READ CAREFULLY This sample divorce package DOES NOT cover child support, custody, distribution of property, or spousal support.Valuable legal rights may be LOST FOREVER if you fail to consult an Attorney.You or Your spouse must be a resident of Forsyth County to file for divorce in Forsyth County.These sample documents have been assembled for your convenience in preparing your own divorce. This package is ONLY designed to assist in a simple, uncontested divorce. If you have questions about whether this package is suitable for your situation, YOU SHOULD CONTACT AN ATTORNEY. Employees of the Clerk’s Office or the Court are PROHIBITED BY LAW from advising you regarding your legal situation or whether this package is appropriate for your situation. In order to file a divorce, you will need some, but not all, of the following items:
- COMPLAINT – you will need the original plus 2 copies
- VERIFICATION – you will need the original plus 2 copies: Signed and notarized. Please Note: The Clerk’s Office cannot notarize documents.
- CIVIL SUMMONS – you will need three (3) copies: used for service.
- NOTICE OF ASSIGNMENT CARD: Used if service will be by the Sheriff’s Department
- AFFIDAVIT OF SERVICE BY CERTIFIED MAIL: Prepared by plaintiff and needed if utilizing Certified Mail for service.
- AFFIDAVIT OF SERVICE BY PUBLICATION: Needed only if it becomes necessary to serve by Publication after attempting service by another method.
- JUDGMENT – you will need three (3) copies.
(You must have 3 copies of 1, 2, 3 and 7)With the exception of the CIVIL SUMMONS and NOTICE OF ASSIGNMENT CARD, these documents are SAMPLES ONLY, NOT FORMS. YOU must PREPARE the documents for filing by typing these documents yourself using the provided examples of a typical document as required by law.You MUST BE SEPARATED for at least one year and one day before you sign your complaint before a notary.
- Return three copies of the following: Complaint with the Verification, Summons, Judgments, and one copy of Notice of Assignment Card (if you are using personal service on the Defendant via the Sheriff’s Department) to the Clerk’s Office, Civil Filing Room 243, 336-779-6303, for filing.
- If you do not utilize personal service on the Defendant, you MUST file the appropriate Affidavit of Service prior to the hearing.
- The filing fee payable to “Forsyth County Clerk of Court” is $225.00, plus $10.00 for resumption of maiden name and $30.00 payable to “Forsyth County Sheriff’s Office” if personal service on the Defendant is via the Sheriff’s Department.
For further information on the requirement for and absolute divorce, contents of a divorce Complaint, or Service of a Complaint, refer to North Carolina Statutes § 50-6, 50-8 and 1A-1, Rule 4. It is strongly recommended you CONSULT WITH AN ATTORNEY. Click here for list of Forsyth County Bar Association Attorneys. It is highly recommended that you contact an attorney to prepare these documents.
State Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal action.